With Kohler Mira successfully obtaining a ruling that Bristan Group had infringed its unregistered design rights with its Glee, Joy and Smile shower products last year (click here for more information). The parties were unable to come to an agreement regarding the payment of damages by Bristan, which resulted in the parties referring the matter to the court for an enquiry into damages.
On 13 June 2014, Bristan put forward the innocence defence and argued that it had in fact made a loss on these products. His Honour Judge Hacon dismissed these submissions which Bristan only raised in the enquiry to damages hearing. As a result HHJ Hacon awarded damages equivalent to a royalty payment at a rate of 6.7% of the price at which Bristan sold the infringing shower units to its customers. Based on Bristan selling more than 63,000 infringing units, which resulted in an income in excess of £3,300,000, damages are likely to be in the region of £220,000. The judgment can be viewed by clicking here.